Jason L. Kelly, M.d. and Mauricio L. Waintrub, M.d. v. Vasilios Haralampopoulos, by His Guardian Joh — Rice, J…

Summary

The concurrence agrees that Hurd's statements about the respondent's past cocaine use were admissible under the medical-diagnosis hearsay exception. It would require statements made solely for diagnosis to be both objectively pertinent to diagnosis and actually relied upon by an expert in forming an opinion. The concurrence therefore agrees with the judgment but disagrees with the majority's purely objective pertinence analysis.